What are the filing date requirements for a CPA under 37 CFR 1.53(d)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To receive a filing date for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d), the following requirements must be met:

• The application must be for a design patent;
• The prior application must be a design application that is complete as defined by 37 CFR 1.51(b);
• The application must be submitted before the payment of the issue fee on the prior application, unless a petition under 37 CFR 1.313(c) is granted in the prior application;
• The application must be filed within the period set forth in 37 CFR 1.53(d)(1)(ii); and
• The application must be filed with a request for a CPA.

As stated in the MPEP: ‘A CPA may be filed under 37 CFR 1.53(d) only if the prior nonprovisional application is a design application that is complete as defined by 37 CFR 1.51(b).’

For more information on CPA, visit: CPA.

For more information on design patent, visit: design patent.

For more information on filing requirements, visit: filing requirements.